HomeMy WebLinkAbout02281996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 28, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior
to deliberation of the item by the City Council if they have signed the sign.up sheet
provided prior to the meeting - limit often minutes per speaker (R-95-35)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Carl Bray - Roseland United Methodist Church
4. ROLL CALL
5. AGl~NDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
96.O37
Presentation of Plaque - J.W. "Tommy" Thompson - Planning and
Zoning Commission
96.038
Be
Presentation of Proclamations
1. Christopher J. Gray, Jr. - Eagle Scout
2. Matthew D. Sorrell - Eagle Scout
7. PRELIMINARY MATTER~
96.012
RESOLUTION NO. R-96-26 - Employment Agreement -
City/Thomas W. Frame - City Manager (Human Resources Director
Transmittal 2/21/96, R-96-26, Employment Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND THOMAS W. FRAME FOR THE PURPOSE OF EMPLOYING MR.
FRAME AS CITY MANAGER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
QUASI-JUDICIAL HEARINGS
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk AaYninisters Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or
10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
2
96.026A
93.085
ILl'SOLUTION NO. R-96-23 - Continuation of Hearing on
Amendment to Development Agreement - Sebastian Lakes
Associates/City of Sebastian (R-96-23, Revised Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR, AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE
CITY OF SEBASTIAN, PTC ENTERPRISES, INC. CPTC") AND LENNAR
NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR"), THAT
AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN
LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP;
PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A
COPY OF THE RECORDED AGREEMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st Hearing
2/14/96, Readvertised 2/22/96 and 2/23/96)
96.027
RESOLUTION NO. R-96-21 - Final Replat Approval - Schumann
Commercial Properties Subdivision (Community Development
Transmittal 2/7/96, R-96-21, Application, Hill Fax 2/4/96, Rushnell
Fax 2/7/96, P & Z Memo 11/17/95, Williams Memo 1/16/96,
Revised Plat Under Separate Cover)
This item was tabled at 2/14/96 meeting to 2/28/96 meeting- requires
motion to remove from table
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR/DA, PERTAINING TO THE ACCEPTANCE OF A FINAL
SUBDIVISION REPLAT; ACCEPTING THE FINAL REPLAT OF
SCHUMANN COMMERCIAL PROPERTIES SUBDMSION; CONSISTING
OF 14.6 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP
31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE REPLAT;
DIRECTING THE CITY CLERK TO PRESENT THE REPLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
96.039
96.026C
RESOLUTION NO. R-96-2~ - Harbor Point Preliminary Plat
(Community Development Transmittal 2/22/96, R-96-25,
Application, Preliminary Plat Under Separate Cover, P & Z Memo
2/14/96, Masteller Memo 2/6/96, Hill Memo 2/4/96, GDC
Agreement 8/15/79, GDC Settlement Agreement 1/16/92, GDC
Agreement 3/27/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION
PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR
HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL;
PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
PUBLIC HEARING {NOT QUASI-JUDICI,~I~)
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
ORDINANCE NO. O-96-0~ - Sebastian Lakes - Vacation and
Transfer of Real Property - Roseland Road/Laconia Street (City
Manager Transmittal 2/23/96, 0-96-09, FPL Objection)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CiTY OF SEBASTIAN; AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE
CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD
SOUTH OF C.IL 512; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 2/16/96, Advertised Legal 2/16/96, PH 2/28/96)
10.
96.040
96.041
96.042
96.043
96.044
11.
12.
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 2/14/96 Regular Meeting, 2/15/96 Special
Meeting, 2/16/96 Special Meeting
Bid and Contract Award - Barber Street Bikepath - Tulip to CR 512
- Jack Regan Masonry - $25,432.60 for a Period of 70 Days (Public
Works Director Transmittal 2/16/96, Bid Tabulation, Bid and
Contract Documents)
Hoyman, Dobson & Co., P.A. - Engagement Letter - 1995 Fiscal
Year Audit - Not to Exceed $37,850 (Finance Director Transmittal
2/22/96, Engagement Letter)
Lions Club - Request Use of Riverview Park - Steak Dinner -
4/13/96 -Noon to 6 pm - Electricity - Standard Conditions (City
Clerk Transmittal 2/9/96, Zukowski Letter 2/9/96)
Craft Club of Sebastian - Request Use of Riverview Park - Craft
Shows - 4/6/96 (4/7/96 Raindate), 5/4/96 (5/5/96 Raindate) -
Standard Conditions (City Clerk Transmittal 2/13/96, Waters Letter
Received 2/13/96)
Robert Pruitt, Jr. - Request Use of Riverview Park - Campaign Rally
- 3/3/96 - Standard Conditions (City Clerk Transmittal 2/21/96,
Documentation Re: Previous Similar Uses)
COMMI~EE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
5
13,
96.033
96.045
NEW BUSINESS
ORDINANCE NO. O-96-07 - Employee Career Service System
(Human Resources Director Transmittal 2/5/96, 0-96-07, Policies
and Procedures Manual Previously Distributed) This item was tabled
at 2/14/96 meeting to 2/28/96 meeting- requires motion to remove
from table
1st Reading, Set Public Hearing 3/27/96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN
EMPLOYEE CAREER SERVICE sYSTEM BY AMENDING ARTICLE I,
ADMINISTRATION SECTION 2-4, PERSONNEL PROCEDURES,
SUBSECTION (a) AND (b) OF THE CITY CODE OF ORDINANCES;
ESTABLISHING A CAREER SERVICE SYSTEM FOR CITY
EMPLOYEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A
CLASSIFICATION AND COMPENSATION SYSTEM; PROVIDING FOR
THE ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR
THE EMPLOYMENT PRACTICES OF. THE CITY; PROVIDING FOR A
CODE OF CONDUCT; PROVIDING FOR DISCIPLINARY ACTIONS, A
GRIEVANCE PROCEDURE AND APPELLATE REVIEW; PROVIDING
FOR RECORDS AND REPORTS; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. O-96-1Q - Purchasing Procedures (City Manager
Transmittal 2/21/96, 0-96-10)
1st Reading, Set Public Hearing 3/27/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE SEBASTIAN CODE SECTIONS
2-91 AND 2-92; ADDING SECTION 2-94 TO THE SEBASTIAN CITY
CODE; REVISING THE CITY PURCHASING PROCEDURES;
ESTABLISHING NOTICE PROVISIONS FOR BIDDING; ESTABLISHING
THE REQUIREMENTS FOR LEASE PURCHASE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
6
14.
15.
16.
17.
18.
INTRODUCTION OF NI~W BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
A. Vice Mayor Carolyn Corum
B. Mrs. Louise Cartwright
C. Mrs. Norma Damp
D. Mr. Raymond Halloran
E. Mayor Arthur Firtion
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL
NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE
CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS
MEETING.
7
-~ ~PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
FEBRUARY 28, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT FOR PUBLIC HEARiNGS WHICH HA VE THEIR OWN SHEETS-TIME LIMIT
OF 10 MINUTES PER SPEAKER
Address:
Agenda Item No. and Title: qb.0 U.q
Name: C Pc'v,-L c. ~'~-2
Ad&ess: ~ ~ q g ~..,~
Agenda Item No. ~d Title:
N~e~
Address:
Agenda Item No. and Title:
Nalne~
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
Name~
Address:
Agenda Item No. and Title:
96.026A
93.085
QUASI-JUDICIAL HEARING SIGN-UP SHEET
FEBRUARY 28, 1996
A. i~E$OLUTION NO. R-96-23 - Con~uafion of He~g on
~en~ent to Development A~eement - Sebasfi~ L~es
Associates/CiW of Sebasfi~ (R-96-23, Reused A~eement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE MAYOK, AND CITY CLERK TO SIGN, ON BEHALF OF THE
CITY, AN AGREEMENT AMONG THE CITY OF SEBASTIAN, PTC ENTERPRISES,
INC. ("PTC") AND LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP
("LENNAR"), THAT AGREEMENT BEING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP;
PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A COPY OF THE
RECORDED AGREEMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st
Hearing 2/14/96, Readvertised 2/22/96 and 2/23/96)
Name
Address
For Against Information
N~e
Address
For Against Information
Name
Address
For
Against Information
QUASI-JUDICIAL HEARING SIGN-UP SHEET
FEBRUARY 28, 1996
96.027 B.
RESOLUTION NO. R-96-21 - Final Replat Approval - Schumann
Commercial Properties Subdivision
TABLED FROM 2/14/96
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO THE ACCEPTANCE OF A FINAL SUBDIVISION PLAT;
ACCEPTING THE FINAL PLAT OF SCHUMANN COMMERCIAL PROPERTIES
SUBDIVISION; CONSISTING OF 14.6 ACRES, MORE OR LESS, LYING IN SECTION
19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT; DIRECTING
THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT
COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For Against Information
QUASi-JUDICIAL HEARING SIGN-UP SHEET
FEBRUARY 28, 1996
96.039
C. RESOLUTION NO. R-96-25 - Harbor Point Preliminary Plat
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO A PRELIMINARY SUBDIVISION PLAT; APPROVING A
PRELIMINARY SUBDIVISION PLAT FOR HARBOR POINT; PROVIDING
CONDITIONS FOR SUCH APPROVAL; PROVIDING AN EXPIRATION DATE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Name
Address
For
Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 28, 1996 REGULAR MEETING
96.026C A.
OltDINANCE NO. 0-96-09 - Sebastian Lakes - Vacation and
Transfer of Real Property - Roseland Road/Laconia Street (City
Manager Transmittal 2/23/96, 0-96-09, FPL Objection)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR THE VACATION OF CERTAIN REAL PROPERTY IN
THE CITY OF SEBASTIAN; AUTHORIZING THE TRANSFER AND EXCHANGE
OF CERTAIN REAL PROPERTY IN THE CITY OF SEBASTIAN TO ALIGN
PROPERLY ROSELAND ROAD SOUTH OF C.R. 512; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 2/16/96, Advertised Legal 2/16/96, PH 2/28/96)
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
FEBRUARY 28, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER IFISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
PER SPEAKER
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
PROCLAMATION COVER SHEET
NAME OF PROCLAMATION :
ORGANIZATION :
DATE OF PRESENTATION :
NAME OF PERSON ACCEPTING:
DATE SENT/DELIVERED :
EAGLE SCOUT ACHIEVEMENT
CITY OF SEBASTIAN
FEBRUARY 28, 1996
CHRISTOPHER J. GRAY, JR.
FEBRUARY 28, 1996
PROCLAMATION COVER SHEET
NAME OF PROCLAMATION :
ORGANIZATION :
DATE OF PRESENTATION :
NAME OF PERSON ACCEPTING:
DATE SENT/DELIVERED :
EAGLE SCOUT ACHIEVEMENT
CITY OF SEBASTIAN
FEBRUARY 28, 1996
MATTHEW D. SORRELL
FEBRUARY 28, 1996
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 28, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately prior
to deliberation of the item by the City Council if they have signed the sign-up sheet
provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. The invocation was given by Reverend Carl Bray, Roseland United
Methodist Church.
4. ROLL CALL
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Thomas W. Frame
City Attorney, Timothy Williams
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 28, 1996
Page Two
AGENDA MODIFICATIONS (AI~PITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested 1) addition of an item relative to Larry
Driver's withdrawal of his name as a candidate for City Council; 2)
withdrawal of item 96.033 - Ordinance No. 0-96-07 for further review; and
3) said the City Attorney will address matters relative to Sebastian Lakes.
MOTION by Comm/Cartwright
I move to withdraw item 96.033.
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
MOTION by CartwrightYCorum
I'd like to add a New Business item under number 13 we'll call it C
as in Charlie, the withdrawal of candidate.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
2
Regular City Council Meeting
February 28, 1996
Page Two
The City Attorney advised that the public heating of Ordinance No. 0-96-
09, the vacation and transfer of real property for Laconia and Roseland, be
continued to March 13, 1996. He suggested that Resolution No. R-96-23,
the amendment to the Sebastian Lakes Development agreement, remain on
the agenda for discussion but be continued to the March 13, 1996 meeting
for final action.
MOTION by Conun/Halloran
I move to continue Ordinance No. 0-96-09 until the next meeting
which would be March 13.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOUNCE~
96.037
Presentation of Plaque - J.W. "Toramy" ThoxRps0n - Planning and
Zoni~lg Commission
Mayor Firtion presented a plaque to J.W. "Tommy" Thompson.
96.038
B. Preselllafion of Proclamations
1. Christopher J. Gray, Jr. - Eagle Stout
Mayor Firtion presented a proclamation to Christoper Gray.
2. Matthew D, $orrell - Eagle Scout
Mayor Firtion presented a proclamation to Matthew Sorrell.
Regular City Council Meeting
February 28, 1996
Page Three
96.012
PRELIMINARY MATTF.,]~
RESOLUTION NO. R-96-26 - Employment Agreement -
City/Thomas W. Frame - City Manager (Human Resources Director
Transmittal 2/21/96, R-96-26, Employment Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND THOMAS W. FRAME FOR THE PURPOSE OF EMPLOYING MR.
FRAME AS CITY MANAGER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-26. The City Manager had
distributed a memo stating his intention to reside in the City of Sebastian
within six months of the effective date of his employment and
recommended the agreement be amended to reflect this.
MOTION by Corem/Damp
I move to change on item 5 of the contract for it to read "Mr. Frame
agrees to become a resident of the City of Sebastian within six months of
the effective date of this agreement.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
4
Regular City Council Meeting
February 28, 1996
Page Four
Mrs. Cartwright suggested that the City Manager's evaluations be
conducted annually on his anniversary of employment. Vice Mayor Corum
suggested evaluations be conducted each year beginning with the six month
evaluation and each year on that date thereafter rather than his anniversary
date.
MOTION by Comm/Halloran
I move that on item 4 Section 1 it says "Subsequent performance
evaluafons shall be conducted on an annual basis from the first six month
evaluation and then thereafter."
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
MOTION by Cartwright/Corum
I move to approve and adopt Resolution No. R-96-26 authorizing the
Mayor to execute and the City Clerk to attest the employment agreement
between the City of Sebastian and Thomas W. Frame.
ROLL CALL:
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Regular City Council Meeting
February 28, 1996
Page Six
QUASI-JUDICIAL HEARINGS
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
City Attorney reads Ordinance or Resolution (if Applicable)
Clerk Administers Oath
Disclosure of Eoc-Parte Communication
Staff Presentation
Applicant Presentation- 15 Minutes
Inquiry of Applicant
Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or
10 Minutes if Representing 5 or More
Inquiry of Opponents
Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff Inquiry
96.026A
93.085
RESOLUTION NO. R-96-23 - Continuation of Heating on
Amendment to Development Agreement - Sebastian Lakes
Associates/City of Sebastian (R-96-23, Revised Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR, AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT AMONG THE
CITY OF SEBASTIAN, PTC ENTERPRISES, INC. ("PTC") AND LENNAR
NORTHEAST PARTNERS LIMITED PARTNERSHIP ("LENNAR'), THAT
AGREEMENT BEING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND SEBASTIAN
LAKES ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP;
PROVIDING FOR RECORDING; PROVIDING FOR SUBMITTAL OF A
COPY OF THE RECORDED AGREEMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. (Legal Notice Advertisement 2/7/96, 1st Heating
2/14/96, Readvertised 2/22/96 and 2/23/96)
6
Regular City Council Meeting
February 28, 1996
Page Seven
Mayor Firtion opened the quasi-judicial heating at 7:25 p.m., the City
Attorney read Resolution No. R-96-23 by title only, and the City Clerk
swore in all those who intended to offer testimony.
No ex-parte communication was disclosed.
The City Manager deferred to the City Attorney at this time.
The City Attorney said there were outstanding issues relative being resolved
between the applicant and FPL and Indian River County utilities relative
to easements and that City engineers and the applicant's engineers are
reviewing calculations regarding the bond amount.
Ron Howse, engineer of record, said he erred in his previous statement that
Laconia would be reconstructed in its entirety. He said his clients are
willing to rebuild the improved area and resurface both lanes.
Mayor Firtion closed the public hearing at 7:34 p.m.
MOTION by Corum/Cartwright
I move to extend Resolution No. R-96-23 to March 13, 1996.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
7
Regular City Council Meeting
February 28, 1996
Page Eight
96.O27 B.
RESOLUTION NO. R-96-21 - Final Replat Approval - Schumann
Commercial Properties Subdivision (Community Development
Transmittal 2/7/96, R-96-21, Application, Hill Fax 2/4/96, Rushnell
Fax 2/7/96, P & Z Memo 11/17/95, Williams Memo 1/16/96,
Revised Plat Under Separate Cover)
This item was tabled at 2/14/96 meeting to 2/28/96 meeting - requires
motion to remove from table
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A FINAL
SUBDIVISION REPLAT; ACCEPTING THE FINAL REPLAT OF
SCHUMANN COMMERCIAL PROPERTIES SUBDIVISION; CONSISTING
OF 14.6 ACRES, MORE OR LESS, LYING IN SECTION 19, TOWNSHIP
31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE REPLAT;
DIRECTING THE CITY CLERK TO PRESENT THE REPLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Firtion opened the quasi-judicial public hearing at 7:35 p.m., the
City Attorney read Resolution No. R-96-21 by title only.
MOTION by Halloran/Cartwright
I move to remove Resolution No. R-96-21 from the table for
consideration.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Regular City Council Meeting
February 28, 1996
Page Nine
The City Clerk swore in all those who intended to offer testimony.
Mrs. Cartwright noted that the City Attorney had read the resolution in the
agenda packet, however, Council had received a revised resolution from the
City Manager.
The City Attorney read the revised title.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORiDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL REPLAT OF
SCHUMANN COMMERCIAL PROPERTIES SUBDIVISION, A REPLAT
OF A PORTION OF TRACT P, SEBASTIAN HIGHLANDS UNIT 17,
CONSISTING OF 14.6 ACRES, MORE OR LESS, LYING IN SECTION
19, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN,
INDIAN RiVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO
SIGN THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE
PLAT TO THE CLERK OF THE CIRCUIT COURT FOR INDIAN
RIVER COUNTY, FLORIDA, FOR RECORDING; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
There was no disclosure of ex-parte communication.
MOTION by Cartwright/Halloran
I move to accept the first reading of Resolution R-96-21 as amended.
The City Manager said the original ordinance made reference to a plat, and
that the former City Manager had requested any reference to plat be
changed to replat, however, he said, the proper accepted term was "plat".
He said the title block on the face of the final plat now has a reference to a
replat of Tract P.
9
Regular City Council Meeting
February 28, 1996
Page Ten
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
The City Manager noted that John Hill, the city's consulting engineer, has
recolmnended that the applicant be responsible for maintaining the drainage
structures within the boundary of the plat and that he was informed it is the
intent of the applicant to have the individual stormwater plans determined
on the individual sites at time of development; that the applicant agrees to
provide traffic impact analysis at the point that development on an
individual basis would generate 1000 trips; and that the applicant agrees
that sidewalks will be constructed on each individual property as each site
is developed. He said this application began as a preliminary plat and
transformed into a fmal plat by determination of legal staff that the
applicant could proceed with the understanding that he was taking a higher
level risk.
TAPE I - SIDE II (7:48 P.M.)
Randy Mosby, Mosby & Associates, engineer for the project, presented the
request for final plat.
Mrs. Cartwright expressed concern for lack of a common sidewalk for the
entire area as required for major subdivision plats.
Vice Mayor Corem expressed concern that provisions of Sections 16, 17
and 18 had not been met.
Mr. Mosby said that sidewalks will be addressed during site plan review,
since it can not be determined at this time where driveways will be placed
or what the stormwater plan will be for that area.
10
Regular City Council Meeting
February 28, 1996
Page Eleven
Being no other input, Mayor Firtion closed the public heating at 8:20 p.m.
The City Manager stated that he could not certify, due to lack of review
time, whether all requirements of a major subdivision plat had been met and
advised that if Council feels uncomfortable, it could defer the item to the
next meeting for a more indepth report from staff.
Discussion continued on the sidewalk issue and traffic study.
Mrs. Cartwright said Council did not have a document stating concurrence
with the three conditions stated by the applicant. She inquired whether the
applicant was willing to install sidewalks along any entire corridor when
one property on that corridor was developed.
Mr. Mosby agreed to that condition.
MOTION by Damp/Halloran
I move to adopt Resolution No. R-96-21 as amended.
Mrs. Cartwright inquired whether she wished to include conditions and
Mrs. Damp said no.
Mr. Halloran said he would second the motion with the inclusion of"with
the agreement of the sidewalks on the perimeters as they are developed".
Mrs. Damp agreed.
Mrs. Cartwright said the trip generation report at 1000 trips and the internal
maintenance of the drainage.
TAPE II - SIDE I (8:35 p.m.)
Mrs. Damp then withdrew her motion.
11
Regular City Council Meeting
February 28, 1996
Page Twelve
MOTION by Halloran/Cartwright
I move to adopt Resolution No. R-96-21 as amended with the
agreements that we've introduced tonight, one being the traffic study at the
agreed upon point, the maintenance of the internal drainage on the property
and the construction of the sidewalks on the perimeter that's being
developed.
Vice Mayor Corum again expressed concerns.
Jan King, Zoning Technician, said the City's consulting engineers have
reviewed the application.
The City Manager said lack of planning staff was a significant problem and
that in the absence of the Community Development Director, there had
been no one other than the City Manager's office to pick up the void. He
said changes need to be made in bringing matters to City Council.
ROLL CALL:
Vice Mayor Corum - nay
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 4-1 (Corum - nay)
12
Regular City Council Meeting
February 28, 1996
Page Thirteen
96.039 C.
RESOLUTION NO. R-96-25 - Harbor Point Preliminary Plat
(Community Development Transmittal 2/22/96, R-96-25,
Application, Preliminary Plat Under Separate Cover, P & Z Memo
2/14/96, Masteller Memo 2/6/96, Hill Memo 2/4/96, GDC
Agreement 8/15/79, GDC Settlement Agreement 1/16/92, GDC
Agreement 3/27/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY SUBDIVISION
PLAT; APPROVING A PRELIMINARY SUBDIVISION PLAT FOR
HARBOR POINT; PROVIDING CONDITIONS FOR SUCH APPROVAL;
PROVIDING AN EXPIRATION DATE; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Firtion opened the quasi-judicial hearing at 8:45 p.m., the City
Attorney read Resolution No. R-96-25 by title only. No one was required
to be sworn and there was no ex-parte communication disclosed.
The City Manager presented staff recommendation, noting that this is a
preliminary plat, a replat of an existing portion of Sebastian Highlands,
consisting of 24 lots and is a major subdivision. He said the plan is to
develop a street beginning with the extension of Fleming and ending with a
cul-de-sac. He said he had reviewed the Kimley-Horn transportation plan
and Comprehensive Land Use Plan which indicated, though in different
locations, extension of Fleming Street east to U.S. 1. He said the applicant
is prepared to put in underground electric, but does not wish to put in
sidewalks. He said the applicant's argument for their position of not having
to put in certain requirements is the provision in the 1992 GDC Settlement
Agreement regarding not needing to comply with certain agreements.
Mrs. Cartwright, at this time, disclosed that she had discussed the matter
with thc City Manager.
13
Regular City Council Meeting
February 28, 1996
Page Fourteen
Randy Mosby, Mosby and Associates, said this subdivision is in
compliance with the original Chessers Gap development; the plat would
allow for development of 64 lots but the developer elected to develop 24
larger lots; said all permits have been received; cited concurrence with the
1992 GDC/City agreement; and requested a waiver from the sidewalk
requirement in accordance with that agreement.
Being no further input, Mayor Firtion closed the public hearing at 9:00 p.m.
The City Attorney stated that as to the issues of the GDC agreements, he
agreed that if the property had been kept at 64 lots, the applicant would be
entitled to develop exactly in accordance with subdivision statutes in effect
at the time of platting. He said the problem comes in when the developer
replats for any purpose other than relocation of roads or utilities, thus the
only items on which they are grandfathered are fight-of-way, road and
drainage requirements which were in effect at the time it was platted. He
said it is within the power of the City Council to grant an adjustment in
accordance with 20A- 16.1.D.
Mr. Mosby said the project could not have been done as originally platted
with the current configuration of Fleming and that regulations during
original platting did not meet St. John's requirements for stormwater
retention area today. He reiterated his request for waiver of sidewalks.
John King, Century 21, on behalf of the developer, said at the beginning of
this application process, the former Community Development Director had
required them to allow for the replat of the property for Fleming Street. He
said they will not relinquish their rights under the GDC agreement.
Mr. Mosby requested that if Council is inclined to require sidewalks it
would request a two week postponement to have its legal counsel present.
14
Regular City Council Meeting
February 28, 1996
Page Fifteen
MOTION by Cartwright/Halloran
I move to grant the applicant's request and defer this until March 13,
1996.
Discussion followed on the sidewalk condition.
TAPE II - SIDE II (9:23 p.m.)
The City Manager further discussed the extension of Fleming Street.
Mr. Halloran called the question.
Mr. Mosby requested rather than postponing, the plat be approved with the
condition that attorneys work on the legality of sidewalks.
Mr. Halloran again called the question.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 4-1 (Corem - nay)
15
Regular City Council Meeting
February 28, 1996
Page Sixteen
9. ~,J~.J.C.~tF~RING (.NOT QUA~I-JUDICIAk~
96.026C
ORDINANCE NO~ O-96-09 - Sebastian Lakes - Vacation and
Transfer of Real Property - Roseland Road/Laconia Street (City
Manager Transmittal 2/23/96, 0-96-09, FPL Objection)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROViDING FOR THE VACATION OF CERTAIN
REAL PROPERTY IN THE CITY OF SEBASTIAN; AUTHORIZING THE
TRANSFER AND EXCHANGE OF CERTAIN REAL PROPERTY IN THE
CITY OF SEBASTIAN TO ALIGN PROPERLY ROSELAND ROAD
SOUTH OF C.R. 512; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT; PROViDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 2/16/96, Advertised Legal 2/16/96, PH 2/28/96)
This item had been continued to March 13, 1996 during Agenda
Modifications.
10.
~NT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 2/14/96 Regular Meeting, 2/15/96 Special
Meeting, 2/16/96 Special Meeting
96.040
Bid and Contract Award - Barber Street Bikepath - Tulip to CR 512
- Jack Regan Masonry - $25,432.60 for a Period of 70 Days (Public
Works Director Transmittal 2/16/96, Bid Tabulation, Bid and
Contract Documents)
16
Regular City Council Meeting
February 28, 1996
Page Seventeen
96.041 C.
Hoyman, Dobson & Co., P.A. - Engagement Letter - 1995 Fiscal
Year Audit - Not to Exceed $37,850 (Finance Director Transmittal
2/22/96, Engagement Letter)
96.O42 D.
Lions Club - Request Use of Riverview Park - Steak Dinner -
4/13/96 - Noon to 6 pm - Electricity - Standard Conditions (City
Clerk Transmittal 2/9/96, Zukowski Letter 2/9/96)
96.043 E.
Craft Club of Sebastian - Request Use of Riverview Park - Craft
Shows - 4/6/96 (4/7/96 Raindate), 5/4/96 (5/5/96 Raindate) -
Standard Conditions (City Clerk Transmittal 2/13/96, Waters Letter
Received 2/13/96)
96.044 F.
Robert Pruitt, Jr. - Request Use of Riverview Park - Campaign Rally
- 3/3/96 - Standard Conditions (City Clerk Transmittal 2/21/96,
Documentation Re: Previous Similar Uses)
The City Manager read the consent agenda.
Mayor Firtion noted that Robert Pruitt had requested removal of item F for
discussion.
Mrs. Cartwright removed items C and F.
MOTION by Cartwfight/Halloran
I move to approve A, B, D and E of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
17
Regular City Council Meeting
February 28, 1996
Page Eighteen
Item C - Hoyman. Dobson
Mrs. Cartwright inquired whether staff could do functions listed in
Appendix B as they did last year.
Finance Director, Joel Haniford stated no objection.
Mrs. Cartwright inquired whether this is the fifth year with Hoyman,
Dobson.
MOTION by Cartwright/Damp
I move to authorize the Mayor and the City Clerk to execute the
proposed engagement letter from Hoyman, Dobson, P.A. dated February
22, 1996 in the mount of $34,000 which is the reduction according to
Schedule B.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item F - Robert Pmitt
Mr. Pruitt requested to change his requested date to March 2, 1996 from
11:00 a.m. to 3 p.m. The City Clerk explained that the Craft Club was
there that day and that she had not been able to reach them.
MOTION by CartwfighffI-Ialloran
I move to approve the request from Robert Pruitt, Jr. to hold a
campaign rally on March 2 conditional upon the approval by the Craft
Club.
18
Regular City Council Meeting
February 28, 1996
Page Nineteen
11.
ROLL CALL:
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwfight
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
COMMITTEE RI~PORTS/RECOMMEND_ATIONS
Vice Mayor Corum spoke on the Indian River County Land Acquisition
Committee meeting, today being her last meeting. She said she would brief
her successor.
96.033
12. OLP BUSINESS
None.
13. NEW BUSINESS
ORDIN~CI~ NO. O-96-07 - Employee Career Service System
(Human Resources Director Transmittal 2/5/96, 0-96-07, Policies
and Procedures Manual Previously Distributed) This item was tabled
at 2/14/96 meeting to 2/28/96 meeting - requires motion to remove
from table - 1st Reading, Set Public Hearing 3/27/96
19
Regular City Council Meeting
Febmary 28, 1996
Page Twenty
96.045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING AN
EMPLOYEE CAREER SERVICE SYSTEM BY AMENDING ARTICLE I,
ADMINISTRATION SECTION 2-4, PERSONNEL PROCEDURES,
SUBSECTION (a) AND Co) OF THE CITY CODE OF ORDINANCES;
ESTABLISHING A CAREER SERVICE SYSTEM FOR CITY
EMPLOYEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A
CLASSIFICATION AND COMPENSATION SYSTEM; PROVIDING FOR
THE ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR
THE EMPLOYMENT PRACTICES OF THE CITY; PROVIDING FOR A
CODE OF CONDUCT; PROVIDING FOR DISCIPLINARY ACTIONS, A
GRIEVANCE PROCEDURE AND APPELLATE REVIEW; PROVIDING
FOR RECORDS AND REPORTS; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
This item had been deferred to a later date during Agenda Modifications.
ORDINANCE NO. 0-96-lfl - Purchasing Procedures (City Manager
Transmittal 2/21/96, 0-96-10)
1st Reading, Set Public Hearing 3/27/96
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE SEBASTIAN CODE SECTIONS
2-91 AND 2-92; ADDING SECTION 2-94 TO THE SEBASTIAN CITY
CODE; REVISING THE CITY PURCHASING PROCEDURES;
ESTABLISHING NOTICE PROVISIONS FOR BIDDING; ESTABLISHING
THE REQUIREMENTS FOR LEASE PURCHASE; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
20
Regular City Council Meeting
February 28, 1996
Page Twenty-One
The City Attorney read Ordinance No. O-96-10 by title only and explained
the revisions to the draft he had distributed at the beginning of the meeting.
Following a statement by the City Manager that he'd like to bring a more
comprehensive purchasing plan to City Council, motion was made.
MOTION by Cartwright/Corum
I move to postpone the first reading of Ordinance No. O-96-10 to
March 27, 1996.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 9:50 p.m. and reconvened the meeting at
10:00 p.m. All members were present.
14.
INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Ed Miquelon, 275 Zane Avenue, Sebastian, commended City Council on its
demeanor and wished Vice Mayor Corum luck.
Thomas Wojciekowski, 425 Peterson Street, Sebastian, commended City
Council on its demeanor and wished Vice Mayor Corum luck.
Charles Stachel, 1698 Coral Reef Street, recommended adjustment to the
proposed membership on the Riverfront Committee to add true residential
representatives.
21
Regular City Council Meeting
February 28, 1996
Page Twenty-Two
C. Larry Driver's Withdrawal of Candidacy
MOTION by Comm/Cartwright
I move to receive the candidacy withdrawal from Larry L. Driver.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
15. CITY COUNCIL MATTERS
A. Yice Mayor Carolyn Corum
Vice Mayor Corum 1) inquired about the makeup of the Riverfront
Committee; 2) expressed concern for homes being co'd with queen palms
not meeting the height requirement; 3) suggested new City entrance signs
be placed and an old grouch sign given to the Historical Society; and 4)
recommended that stormwater in the area around Vocelle Avenue be
addressed as soon as possible.
TAPE III - SIDE I (10:15 p.m.)
B. Mrs. Louise Cartwright
Mrs. Cartwright said Mr. Hill would present the stormwater master plan in
April. The City Manager said he was meeting with Mr. Hill and would let
him know of Vice Mayor Comm's concerns.
C. Mrs, ~grma Damp
None.
22
Regular City Council Meeting
February 28, 1996
Page Twenty-Three
D. Mr. Raymond Halloran
None.
E. Mayor Arthur Firtiorl
Mayor Firfion said he had contacted Pat Callahan, Indian River County
Recreation and she advised him that if an agreement is reached with the
City for recreation programs, they would not in any way have anything to
do with the Barber Street Sports Complex.
16. CITY ATTORNEY MATTERS
None.
17. CITY MANAGER MATTERS
The City Manager thanked the City Council and the people of Sebastian,
said his office would always be open and that items would be brought to
Council in a professional manner.
The City Manager reported that the DCA Stipulated Settlement agreement
would have to be readverfised and formally approved again due to the need
for correction in references to exhibits. He said this would take place on
March 13, 1996.
23
Regular City Council Meeting
February 28, 1996
Page Twenty-Four
18.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
10:20 p.m.
Approved at the
Meeting.
,1996, Regular City Council
Arthur L. Firtion
Mayor
~~' fi/l}.0 Halloran, CMC/AAE
24